Bibi Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50902 of 2025 Arising Out of PS. Case No.-166 Year-2024 Thana- SIKTI District- Araria ====================================================== Bibi Khatoon wife of Md. Yusuf Vill -Belguri Ward No 14 PS -Sikty Distt -Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Learned counsel for the petitioner and learned APP for the State are present.

2. Learned APP for the State has raised a preliminary objection that the present application is not maintainable, as the petitioner is an accused for the offences punishable under Section 262 of the Bharatiya Nyaya Sanhita, 2023, which reads as under:

"Resistance or obstruction by a person to his lawful apprehension. - Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

3. After some arguments, learned counsel for the petitioner seeks permission to withdraw the present petition filed with a prayer for anticipatory bail in connection with Sikty

Patna High Court CR. MISC. No.50902 of 2025(2) dt.11-08-2025 2/2 P.S. Case No. 166 of 2024, pending before the court of the J.M., 1st Class, Araria.

4. Permission is granted.

5.Accordingly, the present application stands dismissed as withdrawn.

(Dr. Anshuman, J) Ashwini/- U T